- (1.) The appellants, numbering three, were directly recruited as Assistant Directors of Sericulture under the Andhra Pradesh Industries Service Rules by the Andhra Pradesh Public Service Commission after following the procedure prescribed. Their appointments were challenged before the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal') by Inspectors of Sericulture, being respondents 4 to 7.Under the relevant Andhra Pradesh Industries Service Rules post of Assistant Director, Sericulture is a promotional post from the Inspector, Sericulture. Respondents 4 to 7 who challenged the appointment of the appellants were also candidates for appointment as Assistant Directors, Sericulture by direct recruitment but they were not able to qualify. They challenged the appointment of the appellants on the following three grounds : (1) According to the Rules, the question of direct recruitment arises only if there are more than five permanent vacancies. If direct recruitment is to be made for three posts, there should be 15 permanent vacancies. There were not so many vacancies. (2) It will not be in public interest to recruit candidates to the posts of Assistant Directors of Sericulture without practical experience when candidates with practical experience were available. (3) The proposal to make direct recruitment affects the rights of the petitioners who are fully qualified and eligible for promotion.
(2.) Grounds 2 and 3 were not considered by the Tribunal in any detail as those appeared to be meaningless. As a matter of fact respondents 4 to 7 were initially appointed as Assistant Inspectors of Sericulture and subsequently promoted as Inspectors of Sericulture. These respondents when they were appointed as Assistant Inspectors of Sericulture had no practical experience in Sericulture industry as envisaged in the Service Rules yet they were sent for 15 months training for a Diploma in Sericulture. It is not that the appellants did not possess the qualification prescribed for appointment to the post of Assistant Director of Sericulture, the only ground which found favour with the Tribunal in quashing their appointment was that there were no permanent posts of Assistant Directors of Sericulture under the Rules and as such the appointment of the appellants was not legal. The impugned judgment of the Tribunal is dated March 27, 1989. The appellants filed a review petition before the Tribunal which was dismissed by the Tribunal by order dated August 9, 1989. The Tribunal affirmed its view that a substantive vacancy and a permanent post were not the same. In the impugned judgment dated March 27, 1989, the Tribunal observed as under : "Admittedly, according to Rules, appointment to the posts of Assistant Sericulture Experts redesignated as Assistant Director of Sericulture can be made either by direct recruitment or by transfer from A. P. Industries Subordinate Services. Appointment by direct recruitment can be made only when there are more than five permanent posts. According to the Respondents, there are 30 posts of Assistant directors of Sericulture. They have not stated how many of these are permanent posts. They have however stated that 17 posts of Assistant Directors are continuing for more than 10 years. In the course of the hearing the learned G. P. stated that there were only two permanent posts. According to the explanation below Rule 6 of the A. P. State and Subordinate Service Rules these are in the nature of substantive vacancies and direct recruitment can be made against such posts. But the question is whether substantive vacancies are synonymous with permanent posts. In the course of the hearing, the counsel for the petitioner argued that a permanent vacancy is different from a substantive vacancy as defined in the Explanation below Rule 6 of the A. P. State and Subordinate Service Rules. On the other hand, the counsel for the Respondents argued that there is no such difference and that a substantive vacancy should be deemed to be a permanent post for purpose of the rules. In this connection, they referred to the Webster Dictionary (Encyclopedic Edition) in which the word 'substantive' is said to mean permanent. It seems to me however, the explanation below Rule 6 of the State and Subordinate Service Rules makes a distinction between vacancies in the permanent cadre and other substantive vacancies. While all vacancies in the permanent cadre are substantive it cannot be said that all substantive vacancies are permanent. The term 'substantive' seems to be broader in connotation than the term 'permanent post'. The term 'substantive vacancies' cannot therefore be regarded as synonymous with permanent posts. While Rule 6 of the General Rules permits direct recruitment against substantive vacancies, according to the proviso (6) below Rule 2 of the Industries Service Rules direct recruitment can be made only when there are more than five permanent posts. It is well established that where there is a difference between a General Rule and a Special Rule the latter will prevail. In the circumstances, I am of the opinion that unless it is established that there are more than five permanent posts as distinguished from 5 substantive vacancies direct recruitment is not permissible in terms of these rules." It is this reasoning of the Tribunal which is challenged before us and it is submitted by the appellants that this led to miscarriage of justice.
(3.) At this stage we may refer to the relevant Rules on the subject. (1) Andhra Pradesh Industries Service Rules. Rule 1. Constitution :- The service shall consist of the following categories of Officers, namely :- Assistant Sericultural Expert 1. By direct recruitment; or (redesignated as Assistant Director of Sericulture) 2. By transfer from category-1 (Sericultural Inspector/Supervisors) or Class IX of the A.P. Industries Subordinate Service. Provided that : (a) to (e) . . . . . . . . . . . . . . . . . . . . (f) Appointment to the post of Sericulture Expert by direct recruitment shall be made only when there are more than 5 permanent posts. Out of every four permanent vacancies of Asstt. Sericulture Expert the third vacancy shall be filled or reserved to be filled by direct recruitment. (Ins. by G. O. Ms. No. 315, Inds. Dt. 26-4-1973 w.e.f. 26). (2) Andhra Pradesh State and Subordinate Service Rules. Rule 6. Method of Recruitment :- Where the normal method of recruitment to any service, class or category is neither solely by direct recruitment nor solely by transfer but is both by direct recruitment and by transfer - (a) the proportion or order in which the special rules concerned may require vacancies to be filled by persons recruited direct and by those recruited by transfer shall be applicable only to substantive vacancies in the permanent cadre; (b) a person shall be recruited direct only against a substantive vacancy in such permanent cadre and only if the vacancy is one which should be filled by a direct recruit under the special rules referred to in clause (a) : Provided that for special reasons, direct recruitment may also be made against the temporary posts. (Added by G. O. Ms. No. 739, GA (Ser-A), Dt. 22-12-1984). (c) recruitment to all other vacancies shall be made by transfer : Provided that nothing in this rule shall adversely affect any person who on the date of issue of the special rules referred to in clause (a) was a probationer in such service, class or category, as the case may be. Explanation :- For the purpose of this rule, notwithstanding anything contained in these rules or special or ad hoc rules 'substantive vacancies' shall mean all vacancies in the permanent cadre, all vacancies in the posts which have been in existence for more than 10 years. All vacancies in 75% of the posts which have been in existence for more than 3 years but less than 10 years and all vacancies in 50% of the posts which have been in existence for more than one year but less than 3 years. (G. O. Ms. No. 310, G. A. (Ser. D), Dt. 24-4-1984 w.e.f. 8-3-1983).;